Law & Law Enforcement

High Noon Ethics Warm-Up, 3/19/2020: O.J. Being O.J., Honestly Unethical Journalists, A Zealous Defense Lawyer, And Pandemic Jerks

/ Jack Marshall / 25 Comments

Y-y-yup!

Started this one at precisely 12:00. Finished at exactly 1:30 pm.

An administrative note: I don’t censor comments by the regulars, but I’m going to be more aggressive in sending off-site notes of displeasure when homophobic, sexist and gratuitous ad hominem insults turn up. (Note: it is always acceptable to refer to someone as an idiot who has written something idiotic, if you explain why it’s idiotic.) We’ve never had a problem here with racist language (in part because I keep spamming comments from the Chimpmania mob), and I will continue to allow wide latitude regarding comments that are self-indicting (making fun of Hillary’s legs, for example, is a jerk move). But while no forum where intelligent participants exercise sharp critical judgment on lazy assertions and knee-jerk positions will ever be “safe,” no one who comes here should ever feel personally attacked or denigrated. I need to do a better job making sure of that. All assistance will be appreciated.

1. Wuhan Virus jerk update:

  • This (Pointer: valkygrrl):

I assume everyone now knows that O.J. is a stone-cold sociopath, but it’s considerate of him to keep reminding us. At least he didn’t say that he was furious that the Wuhan Virus restrictions on travel were impeding his search for Nicole and Ron’s killer.

  • “You know: morons!” Jennifer Rubin, the completely Trump Deranged NeverTrump conservative whose constant eruptions of hate and anger regularly embarrass the Washington Post, recently wrote that more Republicans than Democrats would die in the pandemic because the former slavishly follow Fox News. Uh, no.  If she’s right, it will be pure demographics. The Millennials  appears to be, like all of its predecessors at a similar age, dumb as bricks. CBS reports that the kids are flocking to Florida for Spring Break, while posting and saying things like this from Brady Sluder, spring breaker from Ohio and moron: ,”If I get corona, I get corona. At the end of the day, I’m not gonna let it stop me from partying. We’re just out here having a good time. Whatever happens, happens.”

This does explain the intellectual basis for Bernie Sanders’ support, however. Continue reading →

How I Boarded The “Richard Jewell” Ethics Train Wreck

/ Jack Marshall / 7 Comments

It is unusual to see an ethics train wreck continue to  roll along to the extent that it affects the movie about the ethics train wreck, but that was what happened with the Richard Jewell saga. Remember the definition of an ethics train wreck: an episode in which virtually everyone who becomes involved in it, however tangentially, becomes entangled in ethics mistakes and misconduct. The  “Richard Jewell” Ethics Train Wreck (or the Richard Jewell Ethics Train Wreck) even yanked me on board.

I’ve already written about the film, directed by Clint Eastwood and a 2019 holiday bomb (no pun intended). My focus then was on the single unethical feature of the screenplay, its unfair portrayal of the real-life Atlanta-Constitution reporter, the late Kathy Scruggs, who broke the FBI leak that the security guard who had become a national celebrity by detecting the deadly pipe bomb that had exploded at the 1996 Atlanta Olympics  was suspected of making the bomb himself. Though film reviewers usually register few rejections when films smear the deceased in pursuit of a more compelling narrative, “Richard Jewell’s” claim that Scruggs traded sex for the leak walked into the #MeToo buzzsaw, and on that basis alone, Clint’s movie was trashed  by reviewers and pundits alike.

Me Too, and I hadn’t seen it. I wrote in part,

I strongly doubt the average viewer passed on the film because it may have been unfair to a dead reporter. Who had the genius idea that releasing a film about the press’s abuse of a strange, sad, fat man played by an unknown actor would be a Christmas season hit? I had no interest in seeing the movie, and I’m an admirer of Eastwood and will cheer on any further proof of how rotten our journalism has become, but why pay to see the news media falsely try to destroy a security guard in 1996 when the same institution has been trying to destroy the President of the United States for three years?… So the news media was incompetent and vicious to Richard Jewell? That’s supposed to get me to the movie theater?

Nevertheless, let me be clear: I hate what the movie did to Kathy Scruggs, just as I detest it every time an individuals can’t defend themselves are lied about in a movie, misleading audiences and scarring their reputations….

Unless Eastwood had strong evidence that the reporter was trading sex for information, he should not have used her name. He owes the Scruggs family an apology, and I’m glad his movie is tanking.

Gee, the seats on the “Richard Jewell” Ethics Train Wreck are so comfy, and the fare on the snack car is excellent! Continue reading →

An Unethical Quotes Of The Week Cornucopia!

/ Jack Marshall / 34 Comments

So many people are saying so many irresponsible, dishonest and stupid things in the throes of the Wuhan Virus freakout that I can’t possibly run all of them, or even a representative percentage, but I can’t let these pass.

1. President Trump, yesterday…

“This is a pandemic. I felt it was a pandemic long before it was called a pandemic.”

Sometimes I think the President is actively trying to make people’s heads explode. As the New Yor Times quickly documented (on the front page), this is historical revisionism, gaslighting, or insanity.

  • On Jan. 22, asked by a CNBC reporter whether there were “worries about a pandemic,” President Trump replied: “No, not at all. We have it totally under control. It’s one person coming in from China, and we have it under control. It’s going to be just fine.”
  • On Feb. 26, at a White House news conference, he said,  “We’re going to be pretty soon at only five people. And we could be at just one or two people over the next short period of time. So we’ve had very good luck.”
  • On Feb. 27: “It’s going to disappear. One day — it’s like a miracle — it will disappear.”
  • On March 7, when asked if he was concerned that the virus was spreading closer to Washington: “No, I’m not concerned at all. No, I’m not. No, we’ve done a great job.”

As I have written here before, I refuse to make a big deal out of Trump being Trump, and those who do are simply being self indulgent. Some irresponsible statements are worse than others, and yesterday’s was especially outrageous. It’s in the category of lies that are almost not lies because no one could possibly believe them, like if the President said he was a Stegosaurus. However, if the public knows that whatever he says might be a temporary fantasy, his leadership ability is seriously handicapped. The problem with this kind of statement isn’t that it’s so obviously untrue, but that saying it is so spectacularly self-destructive and stupid.

2. MSNBC Analyst Glenn Kirschner, a former Assistant U.S. Attorney, in a tweet: Continue reading →

No, There’s Nothing Unethical About Performing Holograms Of Dead Singers…

/ Jack Marshall / 22 Comments

…as long as they don’t materially misrepresent the performer or the performance. They may be icky, but they aren’t unethical. This is in ethical contrast with the Ethics Alarms position on zombie performers in films, as examined here several times, most recently upon the unveiling of zombie James Dean.

The issue has arisen because a holograph of Whitney Houston, mercifully in a form before her physical and vocal decline due to drug abuse, is touring the country. Here’s a review of one of the performances; Zombie Whitney will make her debut in the US soon. Big plus: she doesn’t have to worry about the Wuhan virus, just holograms of the Wuhan virus. Fans have been less than ecstatic, as much because of the quality of the image as the ickiness of the concept. Here’s part of one review: Continue reading →

Ethics Warm-Up, 3/17/2020: Wuhan Virus-Free Zone. Well, Almost…

/ Jack Marshall / 19 Comments

Good morning.

Stir crazy yet?

I have discovered, in my ongoing efforts to get traffic here back to 2016 levels, before Facebook banned the blog and The Great Exodus Of The Trump Deranged, that daily visits are 20% higher if I get a post up before 8 am. This has often caused me to get out of bed at 4 am or earlier to hit the keyboard. Today I couldn’t do it: I was so anxious last night about all the looming cancellations of my ethics programs that I barely got any sleep. Sure enough, I’m down about 400 visits compared to yesterday.

There are remarkably few comments on the Paige Spiranac saga. Well, I thought it was interesting. I also must confess that the post was in part for beloved long-time commenter Lucky, who I hope is still following the blog. Paige is his type.

I have concluded that a large number of my Facebook Friends block my posts from their feeds, because they’d rather read the daily wave of anti-Trump columns from the likes of Paul Krugman, Jennifer Rubin, and Michelle Goldberg without any unsettling clarifications from me. I have never unfriended anyone who didn’t personally insult me, but I’d unfriend someone for that. It reminds me of the “Black Mirror” episode where you can block someone in real life, and then they can’t see you, communicate with you, and vice versa.

I’m procrastinating finishing Part III of the Wuhan Virus ethics series. It covers politics and the news media, and the content makes me so angry I can’t see straight. Increasingly I’ve been wanting to write like Kurt Schlichter, the novelist/conservative gadfly, who writes things like,

“But the battle is really for the shriveled heart of the Democrat Party, and no one better represents the yin and the yang of that dying collection of power-hungry elitists and grasping greedos than the doddering socialist Sanders and that Biden guy who should by all rights be chasing that damn know-it-all squirrel around the park.”

I can write like that, I have written like that in the past, and I enjoy writing like that, but its not ethical. Schlichter recently wrote that a snarling Hillary Clinton would pop out of Joe Biden’s chest at the Democratic National Convention like in “Alien.”   What a great image…

1. Do you feel like you are being conditioned and brain washed against your will? In addition to Hollywood’s efforts to change the race or gender of every white male hero of yore, TV commercials are now giving sex changes and race overhauls to iconic characters in ads. “Mikey” in a new Life cereal commercial is a little girl. “Jake from State Farm” is now a black guy. I really don’t care who plays “Mikey” or “Jake from State Farm.” I do object to intrusive woke propaganda.

I’m waiting for Tony the Tiger to show up as a black panther and for a new Jolly Green Giantess…

…who goes “Hee Hee Hee!” Continue reading →

Sunday Morning Ethics Reveries, 3/15/2020: Oh, Hell…I Have To Write About The Wuhan Virus Whether I Want To Or Not..

/ Jack Marshall / 24 Comments

Good morning…

The avalanche of Wuhan virus stories with ethical implications cannot all be squeezed Part III of the series about the pandemic’s ethical implications, especially since that one will concentrate on politics and the news media. So I’m stuck, much as I would prefer to think about almost anything else….

1. Here’s one that compels the question, “What’s going on here?” among others.  The Struthers, Ohio, police department posted this notice on Facebook:

“Due to the coronavirus, the police department is asking that all criminal activities stop until further notice. Thank you for your anticipated cooperation in the matter. We will update you when we deem it’s appropriate to proceed with yo bad selves.”

Before I got to the end, I assumed this was a serious message. It is far from the dumbest thing I’ve seen in response to the Wuhan Virus mess.Then I reached the end, and I decided that it was probably a joke.

Thinking some more, though: would it necessarily be futile to ask criminals to be responsible members of the community just for a while, for their own benefit as well as society’s? There might be some who would take the appeal to heart. If there were, however, the joke ending of the message would undermine any such impulse.

2. More on the Name Game: Our esteemed Mrs. Q had dubbed the illness the WuFlu. Checking on Google, there was a flurry or reports using that name in January and February; there was even a hashtag. I like it, but using Wuhan Virus does a better job of rubbing in the face of the appropriate parties the deceit and cowardice of the news media’s rush to follow China’s edict and pretend that the virus originated somewhere else. Continue reading →

The US Soccer Equal Pay Law Suit: No, Megan, Truth Is Not Misogyny

/ Jack Marshall / 36 Comments

The U.S. women put on their angry faces and inside-out jerseys in protest…

I would add to that title “And you know it,” but I’m not really sure United States Women’s National Team captain and star Megan Rapinoe do know it. She’s an extreme ideologue, and facts are just obstacles to activists like her. Even if it’s sincere, however, her ridiculous indignation—- because the defense to a legal action based on posturing rather than reality made a predictable and irrefutable point— is ethically indefensible, except on the basis that it worked.

I don’t know that I’ve ever seen or heard of something quite like this. An opposing party has thrown a fit over factual representations in an adversary court filing, on the grounds that it’s mean to assert the truth, and people are taking that complaint seriously.

Wow.

The United States Women’s National Team is suing U.S. Soccer for gender discrimination because the men’s team, they argue, is paid more “for the same work.” In its counter motion opposing the motion by the women’s lawyers for the court to grant them summary judgment—a routine and usually futile request—the lawyers for U.S. Soccer  replied in part that

“The point is that the job of [a men’s national team] player (competing against senior men’s national teams) requires a higher level of skill based on speed and strength than does the job of [a women’s national team] player (competing against senior women’s national teams).”

Continue reading →

Morning Ethics Warm-Up, 3/13/2020: Let’s Talk About Something Other Than The Whateveryoucallit Virus [Updated!]

/ Jack Marshall / 28 Comments

Good Morning!

1. Hmmmm. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Recognize those words? Might the news media have the sense and integrity to include them in stories about state governments “ordering” that there be no public gatherings of 500 or more (New York) and 250 or more (Washington state)?

Update: Massachusetts just “banned” gatherings of over 250. I’d like to see the research showing that numbers not ending in zero are unsafe.

As far as I can figure out, a state governor can’t unilaterally restrict the right to assemble even in a “state of emergency,” and whether such a draconian measure is permissible is subject to court challenge and judicial scrutiny. These two orders seem especially vulnerable. Why 500? Why 250?

I’d feel a lot better if organizations and the public would assert their rights and demand that governors, as Tom Cruise was required by Jack Nicholson in “A Few Good Men,” to ask nicely. This reminds me of Boston, of all places, meekly submitting in 2013 to a completely illegal demand by police that its citizens stay inside while the search for the Boston Marathon bombings was underway. Fear is a dangerous tool in the hands of the powerful, who have a nasty habit of becoming totalitarians if they sense any lack of resolve among their potential lackeys and victims.

2. Every now and then Jake Tapper’s once significant commitment to honest journalism creeps out of its post-CNN recruitment paralysis. Tapper recently opined on the air that Democratic voters were acting  like progressive  pundits:

“To be completely frank, I’m getting real 2004 vibes tonight…Democrats want to defeat an incumbent Republican so badly…that they decide which one is electable…and they decide, okay, it’s John Kerry, or in this case it’s Joe Biden… the point is that when you have the Democratic electorate deciding that they are all a bunch of Rachel Maddows and Chris Hayess and the like, that they’re just, you know, progressive pundits and they’re going to pick out who is the best one, maybe they don’t necessarily always know what they’re doing.”

“Hey! Where’s Tapper’s Kool-Aid? Get him a straw, quick!” I assume that within days, a former female guest will reveal that in 2014 Tapper complimented how she looked in her dress and asked, “Are you working out?,” leading to his immediate dismissal.

A fair point made by CNN critics: “I wonder why he didn’t say “Don Lemon and Chris Cuomo?” Continue reading →

From The Ethics Alarms Archives: “Age and the Judge,” And A Current Day Example.

/ Jack Marshall / 10 Comments

The discussions regarding Joe Biden’s age-related decline reminded me of a post that had been languishing on the runway since mid February. It was prompted by a tip from Neil Doer (I think it was Neil) who pointed me to this article about  a well-respected federal judge in Brooklyn, Jack B. Weinstein who was retiring after more than a half-century on the bench. He’s 98 years old, and it seems like he’s been an outstanding judge. My position was and is, however, that it is unethical for a judge, and indeed any professional, to continue in a position of responsibility at such an advanced age.

Obviously, I would apply that principle to politicians and leaders as well. This is another area where professional sports, especially baseball, provides useful case studies that can be instructive. Players who were great at 25 are also better when they are 40 than the more average players, whose natural decline as the result of aging will usually cause them not be able to perform  at an acceptable standard by late middle age. The great player often will still be good, but almost no player (almost) will be as excellent in his late 30s and early 40s as he was in his prime. As the financial benefits and other perks of playing major league baseball have increased over time, fewer aging greats are willing to go gentle into the good night of retirement. Their last years are often sub-par, certainly for them, or worse, but they will not voluntarily retire. Check the records of Miguel Cabrera, Pete Rose, Willy Mays, and Mickey Mantle, to name just a few.

Famously brilliant and contrary judge Richard Posner took the unpopular position among his colleagues that federal judges ought to have a mandatory retirement age. He recommended 80, but in his own case, when everyone expected him to stay until the bitter end, he retired at 78, because, he said, it was time. I’m not convinced that 80 isn’t still too old, but at least it’s a limit.

I remember well my one meeting with Antonin Scalia at a bar function not long after he had joined the Supreme Court.  He was relaxed and jovial, and when I asked him how long he thought he’d stay on the Court, he laughed and said that he couldn’t imagine staying until they “carried him out,” like so many other justices. He said it was important to leave the bench “while you still have most of your marbles.,” and to him, this meant before 80. He said he would stay about ten years.

Antonin Scalia died while still on the Court, in his 20th year of service, just short of his 80th birthday.

Here, from 2009, is “Age and the Judge.”

___________________________________________

Continue reading →

Morning Ethics Warm-Up, 3/10/2020: Freaking Out!

/ Jack Marshall / 57 Comments

Good morning!

Oh! I nearly forgot!

ARGHH!

1. This day in war ethics: The Allies completed the fire-bombing of Tokyo in 1945. Over 100,000, mostly civilians, were killed. The attack is less well remembered than the two nuclear bombs and the firebombing of Dresden, Germany, but more people died on March 9 -10 in Tokyo than in any other single air attack of World War II.

2. Coronavirus freakouts.  Stipulated: the news media and desperate Democrats want the public to panic over the virus, and to blame the President, obviously.

  • Two media doctors, “Dr. Oz” and Drew Pinsky, have been performing a public service of sorts by trying to inject some perspective into the escalating hysteria, and by pointing their fingers at a primary suspect for it, the news media. Pinsky, in an interview with LA’s CBS afiifilate: “A bad flu season is 80,000 dead, we have about 18,000 dead from influenza this year and 100 from corona. Which should you be worried about, influenza or corona. 100 vs. 18,000, it’s not a trick question. Everything going on with everyone using Clorox wipes and get your flu shot, which should be the other message… that’s good. I have no problems with the behaviors. What I have a problem with is the panic and that businesses are getting destroyed and people’s lives are getting upended. Not by the virus, but by the panic.”

Dr. Oz (Real name: Mehmet Oz), who was routinely featured on network news during the Ebola scare, was attacked yesterday as a “quack” by the left-leaning Daily Beast, which has a stake in promoting the panic. In fact, Oz is something of a quack, but he’s a popular one, and using his influence to stop people from being crazy is an ethical use of it.

  • “You know…morons!”  A United Airlines flight from Eagle County, Colorado, to Newark International Airport had to be diverted to Denver over the weekend  after a group of passengers freaked out when another passenger started  coughing and sneezing. He was suffering from allergies.  In Denver, the three hysterical morons were taken off the plane, while the innocent passenger continued on the flight.

Continue reading →